For trade mark owners and IP practitioners familiar with the Thai system, one thing is clear: securing trade mark protection for marks that are not highly distinctive can be exceptionally difficult. Among ASEAN and other jurisdictions, Thailand stands out as one of the most challenging when it comes to registering suggestive, stylized, or slogan-type marks.
Words or devices that may pass as suggestive or inherently distinctive elsewhere - such as FIELDBOX for computer software and computer services, GLOWCODE for cosmetics, or MATHNASIUM for education services - often fail at the Registrar’s desk in Thailand. Combined word marks like INDEPENDENT MOVEMENT for dental apparatus, or stylized letters that are not significantly different from standard typefaces, are also frequently rejected. While these marks may be accepted in the US, EU, or even neighbouring Southeast Asian countries, they are often deemed directly descriptive or lacking distinctiveness under Thai practice.
Thailand’s Trade Mark Office adheres strictly to the letter of the law. The Trade Mark Registrar generally adopts a conservative stance, relying heavily on dictionary definitions and rarely considering the mark as a whole or how it functions in the marketplace. Even arguably suggestive marks may be dismissed as descriptive at first glance.
An appeal to the Trade Mark Board (TMB) is the immediate next step after rejection, but this rarely changes the outcome. The TMB tends to affirm the Registrar’s decision unless the error is clear-cut or the mark’s distinctiveness is indisputable.
Despite the bleak administrative path, brand owners should not lose hope. Thailand’s Central Intellectual Property and International Trade Court (IP Court) and the Supreme Court have consistently shown a more balanced and international approach when evaluating trade mark distinctiveness.
Although the Thai Trade Mark Act states that the TMB’s decision is final, the Supreme Court has clarified that only a reasonable decision is final. If the Board’s decision lacks legal merit or shows a misinterpretation of the law, the Court has the authority to intervene. This legal nuance opens a critical path for applicants willing to challenge adverse decisions and seek fair reconsideration by the judiciary.
Filing a court appeal in Thailand is a formal legal process. It is not a mere administrative review, but a judicial proceeding requiring a complaint, supported by written affidavits or, where appropriate, live witness testimony. The arguments must be structured persuasively and adapted to resonate with a more open-minded and often internationally aware judiciary.
From our experience, successful outcomes at the court level depend on more than just repeating the same arguments made before the TMB. We’ve found that creative positioning - reframing the legal argument, bringing in comparative foreign registrations or decisions, or presenting market evidence - can turn a previously unsuccessful application into a registered mark.
We have a strong track record in overturning TMB decisions through litigation, even for marks initially considered borderline or descriptive by the Registrar. But the strategy must be smart, the evidence carefully curated, and the presentation legally compelling.
Registering a not highly distinctive trade mark in Thailand is not for the faint-hearted. The road is narrow, the terrain conservative, and the process procedurally demanding. However, with the right legal strategy, international benchmarks, and creative thinking, it is possible to break through.
The key takeaway for trade mark owners is this: don't give up too early. If your brand matters, there are ways forward - even in Thailand. Partner with counsel who understands not just the law, but the system and how to work with it, or around it, when necessary.
Note: The trade marks mentioned above are used solely as illustrative examples to highlight distinctiveness challenges under Thai practice.
